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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5268 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5268

To prohibit Federal judges from receiving certain gifts, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

   Mr. Lujan (for himself, Mr. Welch, Mr. Van Hollen, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To prohibit Federal judges from receiving certain gifts, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Court Gift Ban Act''.

SEC. 2. PROHIBITION ON GIFTS.

    (a) In General.--Subchapter V of Chapter 73 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 7354. Gifts to Federal judges
    ``(a) Definitions.--In this section
            ``(1) Gift.--The term `gift' means any gratuity, favor, 
        discount, entertainment, hospitality, loan, forbearance, or 
        other item having monetary value (including services, 
        transportation, local travel, lodgings, and meals) whether 
        provided in-kind, by purchase of a ticket, payment in advance, 
        or reimbursement after the expense has been incurred.
            ``(2) Judicial officer; relative.--The terms `judicial 
        officer' and `relative' have the meanings given the term in 
        section 13101.
            ``(3) Personal hospitality from an individual.--The term 
        `personal hospitality from an individual' means hospitality 
        extended--
                    ``(A) by an individual for a nonbusiness purpose;
                    ``(B) at the personal residence, property, or 
                facilities owned by the individual or the family of the 
                individual;
                    ``(C) without payment or reimbursement from any 
                other person (except the judicial officer or a relative 
                of the judicial officer) for such hospitality; and
                    ``(D) with the individual or the family of the 
                individual present on the property at the time in which 
                a judicial officer is being hosted.
            ``(4) Prohibited source.--The term `prohibited source' 
        means any person--
                    ``(A) who has, or is likely to, come before the 
                judicial officer; or
                    ``(B) whose interests have, or are likely to, come 
                before the judicial officer.
    ``(b) Prohibition.--
            ``(1) In general.--A judicial officer may not accept a gift 
        from any source unless--
                    ``(A) the judicial officer reasonably and in good 
                faith believes the gift has a value of less than $50; 
                and
                    ``(B) the aggregate value of gifts the judicial 
                officer has received from the source in that calendar 
                year is $100 or less, including the value of the gift.
            ``(2) Exceptions.--The prohibition under paragraph (1) does 
        not apply to any of the following circumstances:
                    ``(A) Anything for which the judicial officer pays 
                the fair market value.
                    ``(B) Anything for which the judicial officer does 
                not use and promptly returns to the person who provided 
                the gift to the judicial officer.
                    ``(C) A gift from a relative.
                    ``(D) A gift from another judicial officer.
                    ``(E) Honorary degrees (and associated travel, 
                food, refreshments, and entertainment) and other bona 
                fide, nonmonetary awards presented in recognition of 
                public service (and associated food, refreshments, and 
                entertainment provided in the presentation of such 
                degrees and awards) paid for by an educational 
                institution if the educational institution pays for, or 
                sponsors, the award and invites the judicial officer.
                    ``(F) Opportunities and benefits that are--
                            ``(i) available to the public or to a class 
                        consisting of all employees;
                            ``(ii) offered to members of a group or 
                        class for which membership in such group or 
                        class is unrelated to service as a judicial 
                        officer;
                            ``(iii) offered to members of an 
                        organization open to all judicial officers;
                            ``(iv) in the form of loans from banks and 
                        other financial institutions on terms generally 
                        available to the public; or
                            ``(v) in the form of a reduction in 
                        membership fees or fees for participation in 
                        activities of an organization if such reduction 
                        is offered to all employees and the 
                        organization is a professional organization in 
                        which its membership is solely contingent on 
                        professional qualifications of the prospective 
                        member.
                    ``(G) Reimbursement for reasonable expenses for 
                transportation, food, lodging, and entertainment at a 
                seminar or event relating to the law, the legal system, 
                or the administration of justice if--
                            ``(i) the judicial officer was not invited 
                        to the seminar or event by a prohibited source;
                            ``(ii) the seminar or event is not 
                        organized, paid for, or sponsored by a 
                        prohibited source; and
                            ``(iii) the total amount of reimbursement 
                        for the seminar or event is--
                                    ``(I) $2,000 or less; or
                                    ``(II) greater than $2,000 if such 
                                judicial officer received a written 
                                waiver from--
                                            ``(aa) in the case of a 
                                        justice of the Supreme Court of 
                                        the United States, the Chief 
                                        Justice of the United States; 
                                        and
                                            ``(bb) in the case of a 
                                        judge, the chief judge of the 
                                        circuit or district of the 
                                        judge .
                    ``(H) Personal hospitality from an individual, who 
                is not a prohibited source, in an amount that does not 
                exceed the dollar amount established under paragraph 
                (1) of section 2503(b)(as adjusted under paragraph (2) 
                of such section) of the Internal Revenue Code of 1986 
                (26 U.S.C. 2503(b)) with respect to such calendar year.
            ``(3) Gifts to relatives.--A gift to a relative of the 
        judicial officer shall be considered a gift to the judicial 
        officer if--
                    ``(A) it is given with the knowledge and 
                acquiescence of the judicial officer; and
                    ``(B) the judicial officer has reason to believe 
                the gift was given because of the official position of 
                the judicial officer.
    ``(c) Enforcement.--
            ``(1) Referral.--
                    ``(A) Attorney general.--The Judicial Conference of 
                the United States, or any official designated by the 
                Supreme Court of the United States or Congress to 
                assist the justices of the Supreme Court in maintaining 
                compliance with the Code of Conduct for Justices of the 
                Supreme Court of the United States issued by the Court 
                on November 13, 2023, or any successor rules or 
                regulations governing ethical or conduct standards for 
                justices, shall refer to the Attorney General the name 
                of any individual who the Conference or the official 
                has reasonable cause to believe has accepted a gift 
                prohibited by this section or any other law or 
                regulation.
                    ``(B) Notification of referral.--Whenever the 
                Judicial Conference of the United States refers a 
                judicial officer to the Attorney General under this 
                subsection, the Conference shall notify the judicial 
                council of the circuit in which such referred judicial 
                officer serves.
            ``(2) Penalties.--
                    ``(A) Civil penalties.--The Attorney General may 
                bring a civil action in any appropriate United States 
                district court for a violation of this section. The 
                court in which such action is brought may assess 
                against such individual a civil penalty in any amount, 
                not to exceed $50,000.
                    ``(B) Criminal penalties.--Any person who knowingly 
                and willfully violates this section shall be fined 
                under title 18, imprisoned for not more than 1 year, or 
                both.
    ``(d) Implementation.--Within 180 days of the enactment of the High 
Court Gift Ban Act, the Supreme Court of the United States and the 
Judicial Conference of the United States shall each promulgate 
regulations to carry out this section and ensure compliance.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to make it permissible for a judicial officer to accept a 
gift or other item of value that the judicial officer is prohibited 
from accepting under any other law, rule, or regulation.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter V of Chapter 73 of title 5, United States Code, is amended 
by adding at the end the following:

``7354. Gifts to Federal judges.''.
                                 <all>
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